CONTINUITY IN THE DEVELOPMENT OF POSITIVE LAW IN EUROPE IN THE MIDDLE AGES

Authors

  • Dmitry Sergeevich Astashov Author
  • Alexander Vasilievich Petrov Author

Abstract

The authors analyze the problems of the influence of the reception of the Roman private
law in the development of the European legal systems, and of the work of medieval lawyers for
the formation of modern concepts of positive law and legal order in the article "The continuity
in the development of positive law in Europe during the Middle Ages." The origins of the
present-day Western legal institutions and values, legal science and practice in general, originate
in the doctrines of the early and classical Middle Ages and are directly related to the legal
traditions of antiquity. Continuity in the development of positive law is a legal link between the
events in the development process and has an objective and universal character. Continuity in
law is a special mechanism of "the legal memory of a society", which accumulates and stores
the legal information of the past on which new legal values are created.

Author Biographies

  • Dmitry Sergeevich Astashov

    postgraduate student of the Department of Theory of State and
    Law Department, of Constitutional and Administrative Law, South Ural State University, Chelyabinsk,
    Russian Federation.

  • Alexander Vasilievich Petrov

    Doctor of Sciences (Law), Professor of the Department of
    Theory of State and Law Department, of Constitutional and Administrative Law, South Ural State University, Chelyabinsk, Russian Federation

Published

2017-01-23

Issue

Vol. 16 No. 4 (2016): Bulletin of the South Ural State University. Series Law.

Section

Problems and Questions on Theory of State of Law, on Constitutional Law